• Fri. Jul 19th, 2024

How to Determine Who Is Liable For a Rideshare Accident

Bysonal gupta

Jun 30, 2024

In order to assert a claim for compensation in the event of an Uber or Lyft accident, it is essential to identify who was at fault. Your attorney can assist you in your investigation by requesting police reports, witness statements, security or traffic camera footage, and more in order to establish negligence and liability.

Likewise, Uber and Lyft might be partially responsible for the accident as a result of the legal doctrine of vicarious liability. Liability may also be more elusive.

The Driver

And while some drivers do engage in the practice of taking fares while driving for Uber or Lyft, they remain subject to the same responsibilities as any driver – and that’s why, after an Uber or Lyft accident, there should be an insurance claim filed with the Uber or Lyft company.

Establishing fault in these crashes isn’t always clearcut, but looking at police reports, photos of the scene, statements from witnesses and footage from security cameras can help determine what occurred and whose fault it was.

If the accident involves a driver working for a ridesharing company such as Uber or Lyft, the company can potentially be held liable, because they owe a legal duty to their drivers to properly screen and train them, and to provide a safe environment for passengers in their cars. Determining whether the driver was working through their app while awaiting a ride request, whether a passenger was in the vehicle at the time of the accident, or whether the driver had left their app prior to the accident are all issues that complicate the determination of liability. It is important to connect with an attorney who has handled claims involving ridesharing accidents.

The Rideshare Company

In recent years as Daniel has become more confident, she has started using ridesharing services. These accidents have become a common occurrence, although these ridesharing-related accidents might be the most unusual one can have because they often involve the combination of two different drivers and two types of vehicles, making liability controversal sometimes.

For example, although the driver is often the principal actor whose behaviour could be improved through liability (by needing to pay if in an accident), the companies can still be liable if they shouldn’t have deployed or maintained safety features in their apps – or if they shouldn’t have hired drivers with criminals records or if their vehicles are not well-maintained.

If you suffer an injury in an accident involving an Uber or Lyft vehicle, the medical bills, lost income and unnecessary pain and suffering can soar. A personal injury attorney who is experienced in handling these claims can help to identify the responsible parties and prepare a legal claim based on extensive and thorough factual investigation, relying on police reports, photographs from the scene, video from security, traffic or other cameras, and testimony from eyewitnesses to support a demand for compensation.

The Passenger

Even though rideshare companies have pretty strict rules on safety protocols, these drivers are still human beings. And, they can still be negligent people at that. Speeding, running red lights or stop signs, being distracted behind the wheel – any one of these things may cause an accident in which a passenger gets hurt.

If you’re injured in a crash with an Uber or Lyft driver, fix yourself up and, once you’re ready, make sure you report the injury the same day to your rideshare company and give a statement to police. Just don’t converse with the insurance company or the driver (or their insurance company) unless you’re with a lawyer.

The legal process works by establishing liability: all of the evidence that can be located is collected – police reports, photographs from the scene of the accident, surveillance or traffic video, witness statements, etc. – and an attorney examines this information to determine who (if anyone) breached the duty of reasonable care which caused the accident, and from whom compensation can be recovered.

The Third Party

There may be parties other than the person or business who caused your accident that should pay for your losses depending on the facts of your case. Consider if you were a passenger in an Uber or Lyft and someone else causes the collision by running a red light. This other motorist may be legally responsible for your losses. This is why having an experienced Triumph Law injury attorney on your side is so critical. We work tirelessly to collect all the evidence against the at-fault party or parties, including police reports, photos from the scene of the accident, eyewitness statements, and footage from security or traffic cameras.

But since the Uber and Lyft drivers are contractors and not employees, the company may also be liable. A good lawyer can assess whether the company is liable, and how much their insurance policy will cover. A good lawyer can also fight insurance companies who try to deny your claims under the theory that you were contributory negligent – meaning that you did something to contribute to the accident – which can drastically impact the value of your claim.

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